Bharatiya Nyaya Sanhita, 2023

BNS Section 42

When such right extends to causing any harm other than death

In one line

BNS Section 42 deals with when such right extends to causing any harm other than death and replaces IPC 104.

Bare act text — BNS 42

42. When such right extends to causing any harm other than death.

If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.

Frequently asked

What was BNS Section 42 in the IPC?

BNS Section 42 (When such right extends to causing any harm other than death) replaces Section 104 of the Indian Penal Code, 1860. IPC 104 is now BNS 42.

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